§ 2-89. Membership; election.

The board of county commissioners shall be the legislative branch of the county government, whose members shall be elected by the people for such terms and from such districts as may from time to time be provided by law and in accordance with section 2.03 of the county Charter.

(Code 1992, § 4-1; Priv. Acts 1974, ch. 260, § 2.04; Priv. Acts 1979, ch. 165, § 1)

Cross reference— County boundaries and districts, ch. 2, art. II, div. 2; reapportionment of districts, § 2-43.

Notes:

1. The board apportioned itself by Resolution No. 69, December 19, 1977, into five districts: District 1 having three members and districts 2 through 5 having two members each. The prior apportionment provided for seven members from districts and four elected at large. This was held to violate the state constitution. Peel v. Shelby County Quarterly Court, Chancery Court of Shelby County, No. 804373. See Notes 2.

2. Prior to 1978, the state constitution provided that each district must have two members and the district containing the "county town" must have three. It has been held that the "county town" means the district in which the county courthouse is located. State of Tennessee, Ex Rel. Jones v. Washington County, 514 S.W. 2d 51 (1973). The legislative body must still be apportioned in compliance with the "one man, one vote" standard. Peel v. Shelby County Quarterly Court, Chancery Court of Shelby County No. 804373. See also Seals v. Madison County Quarterly Court, 526 F. 2d 216 (Cir. 6, 1975).

3. Current law permits from nine to 25 members from either single or multimember districts. No more than three may be elected from any one district. T.C.A. § 5-5-102.

4. Membership of the board of county commissioners reapportioned as 13 members and five districts by adopting "Plan 25" pursuant to Ord. No. 132, 12-7-1993 (T.C.A. § 5-1-111).

5. Membership of board of county commissioners reapportioned as 13 members and five districts by adoption of "Plan B" pursuant to Ord. No. 258, 12-31-2001 (T.C.A. § 5-1-111).